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EPA Records - What Is A Federal Record? (1622 words) |
 | Records are broadly defined by statute and regulation to include all recorded information, regardless of medium or format, made or received by EPA or its agents under Federal law in connection with the transaction of public business, and either preserved or appropriate for preservation because of their administrative, legal, fiscal, or informational value. |
| Records are only one of the three components of "documentary materials," a collective term used to refer to documents in all media created and maintained by the Agency. |
| Even if a document qualifies as a Federal record, it may only have to be retained a short period of time, because it does not contribute to the long-term adequate and proper documentation of the organization, function, policies, decisions, procedures, or essential transactions of the program or the Agency. |
| Admissibility of Electronically Filed Federal Records as Evidence (3641 words) |
| Federal Rule of Evidence 801(c) defines hearsay as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." A "statement" is defined to include a written assertion. |
| Federal Rule of Evidence 901(a) states: The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. |
| Federal Rule of Evidence 104 states in pertinent part: (a) Questions of admissibility generally Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provision of subdivision (b). |
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